Kramer v. Amberg
New York Supreme Court
Landlord and Tenant—Termination of Lease—Injunction. An injunction against the use of leased premises by the lessee should be denied, when the lessor’s complaint alleges a breach of condition subsequent, forfeiting the lease, and avers that he has elected to terminate the lease, as after such election the lease ceases to exist, and the lessor’s only remedy is by action to recover possession. Appeal from special term, New York county.
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Landlord and Tenant—Termination of Lease—Injunction. An injunction against the use of leased premises by the lessee should be denied, when the lessor’s complaint alleges a breach of condition subsequent, forfeiting the lease, and avers that he has elected to terminate the lease, as after such election the lease ceases to exist, and the lessor’s only remedy is by action to recover possession. Appeal from special term, New York county. Action by William Kramer against Gustav Amberg and Henry R. Jacobs, to enjoin the.use of the Thalia theatre, the property of plaintiff. A motion for an…
1Opinion of the CourtVan Brunt, P. J.
The complaint in this action alleged that the plaintiff was the owner of land and a building erected thereon situate in the city of New York, known as the “Thalia Theatre,” and that in the month of June, 1886, he entered into an agreement in writing with the defendant Amberg, whereby the plaintiff let to the defendant the said premises for a term commencing on the 1st of June, 1886, and ending on the 31st of May, 1891; and that it was among other things provided in said agreement that the defendant should not and would not assign his interest in said lease or written agreement, or underlet or…
2Cited by10 opinions
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- Blanke Bro. Realty Co. v. American Surety Co.Supreme Court of Missouri · 1923
- S. Liebmann's Sons Brewing Co. v. LauterAppellate Division of the Supreme Court of the State of New York · 1902
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